Clark v. . Norton
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. The action was "brought against defendants for an alleged wrongful assessment. ( Reported below, 3 Lan s, 484; 59 Barb., 169.) During the year 1868 defendants were assessors of the town of Canton, St. Lawrence county, and made the assessment roll for that year.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. The action was "brought against defendants for an alleged wrongful assessment. ( Reported below, 3 Lan s, 484; 59 Barb., 169.) During the year 1868 defendants were assessors of the town of Canton, St. Lawrence county, and made the assessment roll for that year. In Hay and June, and down to the 6th day of July, 1868, plaintiff resided in the town of Canton, on a farm, the greater portion of which was in the town of Canton. Upon the…
1Opinion of the CourtAllen, J.
Assessors are not personally liable for errors or mistakes in the assessment of property, or of persons in respect to their property when they have jurisdiction and act within the scope of their powers. Their acts are so far judicial in their character that they are within the protection from personal liability accorded to those acting judicially. (Barhyte v. Shepherd, 35 N. Y., 238, and cases cited.) But they are officers exercising limited and special powers, and must see to it that they act within the scope of the authority legally committed to them. If they exceed their powers and act…
2Cases cited3 opinions
- Barhyte v. . ShepherdNew York Court of Appeals · 1866
- Mygatt v. . WashburnNew York Court of Appeals · 1857
- Bennett v. . the City of BuffaloNew York Court of Appeals · 1858
3Cited by33 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- In Re the Judicial Settlement of the Account of BabcockNew York Court of Appeals · 1889
- People Ex Rel. Chamberlain v. ForrestNew York Court of Appeals · 1884
- People Ex Rel. Mutual Union Telegraph Co v. Commissioners of TaxesNew York Court of Appeals · 1885
- Overing v. FooteCommission of Appeals · 1875
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